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Brooklyn Probate & Estate Administration Law Blog

Is your power of attorney agent up for the financial tasks ahead?

Though you may have hope that you will have the ability to finish out your golden years doing exactly what you want, you may also understand that the future does not always turn out the way you envision it. You could potentially find yourself in a situation where you no longer have the ability to care for yourself or handle your daily affairs. Though this idea may seem disheartening, incapacitation affects numerous individuals.

Luckily, even in such a situation, you can still have some control if you plan ahead. Because someone else will need to handle your financial affairs in the event of your incapacitation, you may want to create a financial power of attorney document in order to appoint your desired agent.

A new low in nursing home abuse

Your parents are important to you, and you may have hoped to be able to care for them for the rest of their lives. However, when your mother or father became too ill or required special medical attention, you made the painful decision to find a nursing home. One of the hardest things you may have done in your life is to take the leap of faith and entrust your loved one to the care of relative strangers.

Now you suspect that trust has been broken. If you have noticed signs of abuse or neglect in your loved one, you may also wonder if your loved one is being subjected to the growing trend of public humiliation on social media.

If you plan to marry, you should also plan to protect your future

Planning a wedding is an exciting time, but entering a new life with your soon-to-be-spouse should involve much more than cake flavors and flowers. As you prepare and plan for your marriage, you would be wise to look to the future and take the necessary steps to protect your financial and legal interests as well.

One of the easiest ways to do this is by drafting a prenuptial agreement. This in no way means that you are planning to divorce before you even get married, it simply means that you are wise enough to plan for contingencies and provide peace of mind for both yourself and your fiancé.

The long arm of nursing home debt

Whether you have your finances in order or are struggling to get ahead, receiving notice that someone is holding you responsible for another person's debt is rarely welcome news. In your case, you may be concerned that the nursing home or long-term care facility where your parent is staying will inform you that you owe thousands of dollars in unpaid expenses for your parent's care.

Immigration Changes for Cuban Nationals Announced

Significant changes in US immigration policy were announced on January 12, 2017 in a joint statement from the US and Cuban governments.  Commencing immediately, DHS has eliminated a special parole policy for arriving Cuban nationals commonly known as the "wet-foot/dry-foot" policy.  

212(d)(3) Immigration Waivers for Nonimmigrant Visas

When a nonimmigrant is applying for a specific type of visa such as a tourist visa (B-1, B-2), student visa (F-1, J-1) or a work visa (H-1B), they may be inadmissible because of a prior deporation or removal due to a criminal conviction or having commited fraud to obtain a prior immigration benefit.  The 212(d)(3) waiver can provide the applicant a method to overcome that ground of inadmissibility.

My fiancé is not a U.S. citizen. Can we still get married here?

Here in the United States, you are free to fall in love with and marry whomever you choose without government intervention. That is, unless your fiancé is not a U.S. citizen, in which case, you will need government approval for your fiancé to enter the country, reside in Brooklyn as a permanent resident and ultimately become a citizen.

The necessity of estate planning for every individual

Estate planning is not a luxury or precaution solely reserved for the rich. Rather, it is a smart step for any New York person who wishes to protect loved ones and ensure the appropriate distribution of assets after death. It also involves legal protections in case physical or mental incapacitation prevents a person from making medical decisions.

If you care about what happens to your estate and preserving a legacy for your family, you need to consider estate planning, no matter your income level. Careful planning cannot only protect your loved ones from unnecessary legal battles in the future; it can provide you with much needed peace of mind.

Why is a living will and health care proxy important?

When people plan for the future, they focus on things such as buying a house, buying a car, having a family. Later in life, they plan for how the house and the car are going to be distributed amongst the family.

Planning for what happens if you become incapacitated and unable to tend to your own affairs is just as important. Two things that can be put into place to address such an issue are a living will and a health care proxy.

Family-based immigration: Two options

There are many ways to immigrate to the United States. For some, one family member may gain citizenship or Legal Permanent Resident (LPR) status. In these cases, this family member can help certain others move to the United States.

The United States Department of State Bureau of Consular Affairs notes that there are two main options for individuals in this situation to help others immigrate. These are referred to as family based immigration, and the two main options are:

  • Immediate Relative Immigrant Visas
  • Family Preference Immigrant Visas

Having a basic understanding of each of these paths can help you to determine the right option for your situation.